Cunningham v. Huson Ice & Coal Co.
Court of Appeals of Georgia
Complaint) from Fulton superior court — ■ Judge Pendleton. May 12, 1920.
1Opinion of the CourtJenkins, P. J.
1. Where there has not been fraud, accident, or mistake in the actual execution of a contract, but where in a legal sense the agreement has been knowingly entered upon, a party to the contract is never permitted, either under the guise of inquiring into the consideration or for the purpose of showing fraud in its procurement, to engraft upon it previous or contemporary promises, expressions of opinion, or conditions, so as to alter or deny the explicit terms of the instrument itself. But any misrepresentation of a material existing fact, whereby the other party has been induced to act,…
2Cases cited7 opinions
- Rheney v. AndersonCourt of Appeals of Georgia · 1918
- Moore & Jester v. Smith Machine Co.Court of Appeals of Georgia · 1908
- Dinkler v. BaerSupreme Court of Georgia · 1893
- Beacham v. Wrightsville & Tennille RailroadSupreme Court of Georgia · 1906
- Chattanooga, Rome & Columbus R. R. v. WarthenSupreme Court of Georgia · 1896
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3Cited by6 opinions
- Macon Union Co-Operative Ass'n v. ChanceCourt of Appeals of Georgia · 1924
- Rauch v. ShanahanCourt of Appeals of Georgia · 1972
- Smith v. MaronCourt of Appeals of Georgia · 1950
- Bel v. AdlerCourt of Appeals of Georgia · 1940
- Roper v. WhiteSupreme Court of Georgia · 1934
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